Regulation Through Enforcement: Insights From the BlueSnap Lawsuit — Payments Pros: The Payments Law Podcast
On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more
Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA),...more
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more
The Anti-Robocall Multistate Litigation Task Force, comprised of 50 AGs, issued warning letters to eight Voice over Internet Protocol (VoIP) providers regarding concerns that they may be transmitting illegal robocall traffic...more
An Illinois federal court ruled that Day Pacer, formerly known as EduTrek, and three of the company’s executives violated the Telemarketing Sales Rule (TSR). Our TCPA Counseling & Litigation Team breaks down the case....more
On August 16, a coalition of seven state attorneys general (AG) announced a settlement with participants alleged to be involved in a “massive” robocall operation. The stipulated order, which names Scott Shapiro, Michael T....more
Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more
Don’t Look Dumb, Dude; You Sound Dumb - Is this one of those pyramid things? Hell, yeah, it is. If it wasn’t, I wouldn’t be doing it. Do I look dumb enough to go get a job again? Well... According to a recent...more
On March 6, the U.S. District Court for the Southern District of Texas entered stipulated orders and permanent injunctions against two individuals who, along with their companies (also named as defendants in the litigation),...more
On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more
A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more
On September 8, 2021, the National Association of Attorneys General (NAAG), in coordination with Michigan Attorney General Dana Nessel and Ohio Attorney General Dave Yost, kicked off its Robocall Summit. The Summit included a...more
As insurers consider new data from new sources and new means for consumer outreach, working through the privacy requirements is like navigating choppy waters. The various privacy regimes include...more
On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more
A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors. ...more
In Remanding DISH Telemarketing Damage Award, Appeals Court Decides Collateral Issue That Could Have Far-Reaching Operational Implications - On March 26, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its...more
Federal Trade Commission (FTC) staff sent letters to 19 Voice over Internet Protocol (VoIP) service providers, cautioning recipients about “assisting and facilitating” illegal telemarketing or robocalling. The FTC enforces...more
FCC Asks "Gateway Service Providers" to Help Traceback Efforts of Foreign-Originating Calls, While FTC Warns VoIP Providers Against Facilitating Violations - The Federal Communications Commission (FCC) and Federal Trade...more
New communications technologies are being adopted at a rapid pace by industry. This has led to the emergence of legal questions over whether this new technology is regulated by the TCPA. One such question, which has seen...more
On the heels of a February 2019 Public Notice regarding the same issue, the Federal Communications Commission’s (“FCC” or Commission”) Consumer and Governmental Affairs Bureau is once again seeking comment on the TCPA’s...more
Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more